Cruse v Multiplex Limited [2007] FCA 2015
Given the limited scope and spontaneous nature of the contraventions, the changed union policy, lack of prior similar breaches, and absence of harm or knowledge of unlawfulness by the individuals, it is not appropriate to impose a monetary penalty or make declarations. The application is dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2007
- Procedural Posture
- Workplace Relations/penalty for Contraventions / Judgment After Admissions and Agreed Statement of Facts
- Outcome
- Application dismissed
- Legal Topics
- ['penalty for Contraventions' 'strike Pay' 'industrial Action' 'declarations of Contravention' 'union Conduct' 'general Deterrence']
Case Brief
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Procedural Posture
Workplace Relations/penalty for Contraventions / Judgment After Admissions and Agreed Statement of Facts
Legal Issues
- 1 ['What penalty, if any, should be imposed for contraventions of ss 187AA(2) and 187AB of the Workplace Relations Act 1996 (Cth)?' 'Should declared admissions of contravention result in declarations by the Court?' 'Was there justification for prosecution/continuation of the proceedings in the public interest?']
Ratio Decidendi
Given the limited scope and spontaneous nature of the contraventions, the changed union policy, lack of prior similar breaches, and absence of harm or knowledge of unlawfulness by the individuals, it is not appropriate to impose a monetary penalty or make declarations. The application is dismissed.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.']
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